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But what would the pundits have to do then.?
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What would be gained from that? Is there really anything left to be said after the two opinions?
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Uh, yeah. They totally speak past one another.
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Hard to imagine that a Supreme Court that functions more like Congress would be an improvement or in anyone’s interest.
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And what would she say? That her claim about “statistical significance” is false? That correlation says nothing about causation? That 99.5% is okay but 99% is enough to set her hair on fire? Sophists like Kagan don’t willingly submit their claims to the acid bath of Reason.
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